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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65343</law_id><section_number>18.2-252</section_number><catch_line>Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="18.2">Crimes and Offenses Generally</unit><unit label="chapter" level="2" order_by="1" identifier="7">Crimes Involving Health and Safety</unit><unit label="article" level="3" order_by="1" identifier="1">Drugs</unit></structure><text>
						<section><p>The <span class="dictionary">trial</span> <span class="dictionary">judge</span> or <span class="dictionary">court</span> trying the case of any person found guilty of a criminal violation of any <span class="dictionary">law</span> concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances and like substances shall condition any <span class="dictionary">suspended sentence</span> by first requiring such person to agree to undergo a substance abuse screening pursuant to &#xA7;&#xA0;<a class="law" title="Substance abuse screening and assessment for felony convictions" href="/18.2-251.01/">18.2-251.01</a> and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the <span class="dictionary">court</span>. Such testing shall be conducted by the supervising <span class="dictionary">probation</span> agency or by personnel of any program or agency approved by the supervising <span class="dictionary">probation</span> agency. The cost of such testing ordered by the <span class="dictionary">court</span> shall be paid by the Commonwealth and taxed as a part of the costs of such proceedings. The <span class="dictionary">judge</span> or <span class="dictionary">court</span> shall <span class="dictionary">order</span> the person, as a condition of any <span class="dictionary">suspended sentence</span>, to undergo such treatment or education for substance abuse, if available, as the <span class="dictionary">judge</span> or <span class="dictionary">court</span> deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services, by a similar program or services available through the Department of Corrections if the <span class="dictionary">court</span> imposes a sentence of one year or more or, if the <span class="dictionary">court</span> imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based <span class="dictionary">probation</span> services agency established pursuant to &#xA7;&#xA0;<a class="law" title="Establishment of a community-based probation services agency" href="/9.1-174/">9.1-174</a>, or an ASAP program certified by the Commission on VASAP.</p></section></text><history>Code 1950, &#xA7; 54-524.101:4; 1973, c. 473; 1975, cc. 14, 15; 1979, c. 435; 1998, cc. 783, 840; 2000, cc. 1020, 1041; 2007, c. 133; 2009, cc. 813, 840; 2020, cc. 1285, 1286.</history><metadata></metadata></law>
